DEPARTMENT OF JUSTICE

National Prosecution Service

Office of the City Prosecutor
Cauayan City, Isabela

MIA KHALIFA
complainant,

-versus- I.S. _________________

For: B.P. 22

JESSIE JANE
respondent.

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COUNTER-AFFIDAVIT

I, JESSIE JANE, of legal age, married and with permanent

residence at No. 209 District 1, Cauayan City, Isabela, after having
been sworn to in accordance with law, do hereby depose and state
that:

1. I ADMIT the allegations in paragraph 1 of the complaint-affidavit

insofar as they relate to their personal circumstances;
2. I ADMIT the allegations in paragraph 2 & 3 of the complaint-
affidavit to the extent that I borrowed money from the
complainant and issued a check as a security thereof.

3. I strongly DENY the allegation in paragraph 4 of the complaint-

affidavit, as I have not received any notice that the check issued
to the complainant was dishonored on the ground of DRAWN
AGAINST INSUFFICIENT FUNDS, by the drawee bank.

4. I specifically DENY the allegation in paragraph 5 of the

complaint-affidavit as it is a mere allegation without proof to
stand for it. For one, intention to defraud is not an element of BP
22 and as pronounced in the case of:

BETTY KING vs. PEOPLE OF THE PHILIPPINES, G.R. No.

131540. December 2, 1999 “in order to create the prima
facie presumption that the issuer knew of the insufficiency of
funds, it must be shown that he or she received a notice of
dishonor and, within five banking days thereafter, failed to
satisfy the amount of the check or make arrangement for its
payment.”

To reiterate, there was no notice of dishonor which was actually

sent to me, thus, the complainant failed to prove that I knew ‘at
the time of issue that I do not have sufficient funds in or credit
with the drawee bank for the payment of such check in full upon
its presentment.

5. Lastly, I DENY the allegation in paragraph 6 of the complaint-

affidavit. First, the date when the demand letter was personally
 delivered to me was not indicated, even a copy of the demand
letter was not furnished. Second, from March 18, 2018 to March
27, 2018 I was out of the country for my business trip evidenced
by my Philippine Passport (Annex 1).

When I came back to the Philippines, our house helper Nikki

Minad informed me that on March 19, 2018, a man came looking
for me, and upon knowing that I was not around, the man said
he will come back when I arrive. (Affidavit of Nikki Minad is
hereby attached as Annex 2). Only on March 28, 2018 when I
knew that a criminal complaint was filed against me.

6. In my defense, I was not given an opportunity to satisfy the

amount indicated in the check and thus avert prosecution. The
5- banking day period upon notice to the issuer of the
dishonoring of the check has not yet reckoned because of the
failure of the complainant to send a notice of dishonor to me,
thus, the filing of the complainant of this criminal complaint is
improper. Without proof of notice of dishonor, knowledge of
insufficiency of funds cannot be presumed and no crime can be
deemed to exist.

7. I am executing this Counter-Affidavit to attest to the veracity of

the foregoing statement of facts and to rebut the charges
against me.

IN WITNESS WHEREOF, I have hereunto affix my signature this

29th day of March 2018 in Cauayan City, Isabela, Philippines.
 Jessie Jane
Affiant

SUBSCRIBED AND SWORN to before me this 29th day of March 2018

in the City of Cauayan. I hereby certify that I have personally examined
the above-named affiant and that I am satisfied that the foregoing
statements were given to her voluntarily and of his own free will.

RUDY J. CABRERA
Prosecuting officer
Cauayan City

ATTY. JOZELE MARIZ P. DALUPANG

Counsel for Defendant
Cauayan City, Isabela
Roll of Attorneys No. 988964
IBP No. J-25469
PTR No. J- 855469
MCLE No. J-78954

Copy furnished

Office of the City Prosecutor

Atty. Jayson M. Bravo

Counsel for the complainant
REPUBLIC OF THE PHILIPPINES)
CITY OF CAUAYAN
PROVINCE OF ISABELA ) S.S.
x-------------------------------------x

AFFIDAVIT OF WITNESS

I, NIIKI MINAD, of legal age, Filipino, single and a resident of DISTRICT

1, Cauayan , Isabela, Philippines, after having been duly sworn to in
accordance with law, depose and state:

1. That I am the househelper of JESSIE JANE;

2. That on March 19, 2018, a man came at the JESSIE JANE’s

residence, looking for the latter. I told him however, that the
JESSIE JANE is out of the country. He angrily replied, “Sige balik
na lang ako ‘pag nandito na siya”, Okay I will return when he
comes back

3. That on the night of March 27, 2018, upon return of the JESSIE
JANE, I immediately told him the incident.

4. That I executed this affidavit to attest the truthfulness of the

foregoing facts and to support the defense of JESSIE JANE for
 violation of Article 358 of the Revised Penal Code (Oral
Defamation)

IN WITNESS WHEREOF, I hereby affixed my signature this MARCH 29,

2018 in Cauayan City, Isabela, Philippines.

CHISMO SAKO
Affiant

SUBCRIBED AND SWORN TO before me this MARCH 29, 2018 in

Cauayan City Isabela, Philippines, affiant exhibiting to me her
competent evidence of identity by way of Social Security Identification
Card issued at Cauayan City, Isabela on August 2017.

ATTY. JOZELE MARIZ P. DALUPANG

Notary Public
Cauayan City, Isabela
Roll of Attorneys No. 988964
IBP No. J-25469
PTR No. J- 855469
MCLE No. J-78954
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2017.